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§ 1 Geltungsbereich, Begriffsbestimmungen
(1) For the business relationship between "Cold & Dog GmbH" and the customer (hereinafter "Customer"), the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in their commercial or independent professional activity.
(3) These General Terms and Conditions of "Cold & Dog" apply to the company's own online trade in the context of orders placed by "Shopware". Responsible contractual partner within the meaning of § 6 of the Teledienstegesetz (TDG) are the managing directors Roman Krohn, Raoul Krohn with the following business address:Cold & Dog GmbH
Commercial register district court Berlin-Charlottenburg, HR B 144026B - tax no. 27/024/11477
Sales tax identification number according to § 27 a sales tax law: DE 284395558
§ 2 Basis of offer and conclusion of contract
(1) The presentation of the ranges produced in-house in the internet shop
"Cold & Dog GmbH" is an invitation to place an order and not a legally binding offer. Due to the seasonal availability of raw materials, the manufacturer cannot be obliged to guarantee the constant availability of the products according to the offer / price list. However, the application can only be submitted and transmitted if the customer accepts these terms and conditions by clicking on the "Accept GTC" button and thereby included it in his application.
(2) The contract is concluded by selecting the quantities and assortments in the shopping cart in connection with the subsequent binding order by clicking the “Buy” button and the subsequent confirmation by email from “Cold & Dog” GmbH", Which the customer can print out using the" Print "function.
(3) We reserve title to the purchased item until all claims from this delivery contract, including all ancillary claims, have been paid in full.
§ 3 prices and payment modalities
(1) The order and the contact takes place on the order page of www.colddog-snack.de. The prices result from the binding price list valid on the day of the order, which is currently reflected in the online shop. All prices include the applicable statutory sales tax, other price components and including shipping costs and transport packaging.
(2) The customer can make payment by, bank transfer or PayPal as well as PayPal express. Regarding the
PayPal payment system, the general terms and conditions of PayPal apply
- newest version-.
(3) Payment of the purchase price is due immediately upon conclusion of the contract.
§ 4 Order, delivery, readiness for acceptance and transfer of risk
(1) The delivery takes place due to the assurance of the quality of the cold & dog frozen yoghurt specialties by DPD Express, using special transport packaging (dry ice supplement) during the week from Monday to Friday.
(2) The customer must comply with the hazard warnings in the email sent by Cold & Dog GmbH about handling (dry ice = CO2 granulate) to avoid accidents. Any handling or touching of dry ice (risk of injury) is to be avoided for children. As agreed, delivery takes place on the day of delivery from 8 a.m. to 18 p.m. It is a basic part of the contract that the customer ensures readiness for acceptance on this day personally or through authorized persons of legal age. To ensure accessibility, it is essential to provide a personal telephone number when placing the order.
(3) The Terms and Conditions of the company General Logistics Systems
Germany GmbH & Co. OHG latest version -.
§ 5 Delay in acceptance
Due to the sensitivity of the goods and the risk of falling below the delivery temperature, no further delivery attempts will be made. As compensation for damages, we can charge a flat rate of 5% of the lost net sales without proof, whereby the customer is permitted to prove that we have incurred no or less damage. Further claims for damages remain unaffected.
§ 6 Claims for Defects
(1) The customer must check the goods to an appropriate extent immediately after receipt and report obvious defects immediately after their discovery. The receipt of the notification by us is decisive for the observance of the deadline. The goods must be properly stored and handled at at least minus 18 degrees Celsius until they are checked. Returns can only be made with our consent.
(2) In the event of justified complaints made in due time, the customer can request supplementary performance. We are entitled to refuse supplementary performance in accordance with the statutory provisions. The refusal of supplementary performance, its failure or its unreasonableness for the customer entitle the customer to withdraw from the contract or to reduce the price. Insofar as withdrawal is not excluded by law, the customer is only entitled to withdraw from the contract or to reduce the purchase price after the unsuccessful expiry of a reasonable deadline set by him, unless the deadline is dispensable due to legal regulations. In the event of withdrawal, the customer is liable for deterioration, destruction and unused use not only within the framework of his own customary care, but for any negligent and willful fault.
(3) If we are not the manufacturer of the delivered goods, claims for defects can only be made against us to the extent that we can assert recourse claims against the upstream supplier.
(4) We do not accept any responsibility for public statements and advertising statements in relation to our products that were not directly initiated by us.
§ 7 Liability, Compensation for Damages
(1) As part of the transfer of risk, the customer must guarantee the uninterrupted protection of the deep-freeze chain from at least minus 18 degrees Celsius during storage within the specified shelf life.
(2) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by Cold & Dog, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the contractual objective.
(3) Useless expenses cannot be claimed under any circumstances. Claims for damages against us, for whatever legal reason, expire at the latest one year after delivery of the goods to the customer, in the case of tortious liability from knowledge or grossly negligent ignorance of the circumstances giving rise to the claim and the person of the liability debtor. Any shorter statutory limitation periods always have priority. In the case of liability for willful intent and damage to body and health attributable to us or in the event of loss of life, the statutory provisions apply. If the end customer of the goods is a consumer, the statutory provisions apply to the statute of limitations for any recourse claims by the customer against us.
§ 8 Right of withdrawal and return
(1) The customer can revoke his contract declaration in text form (e.g. letter, fax, e-mail) within 2 weeks without giving reasons. The period begins with the receipt of this declaration at the earliest, but not before the conclusion of the contract. To meet the cancellation deadline, it is sufficient to send the cancellation or the request for withdrawal in good time. The revocation is to be addressed to the contractual partner from § 1 of these terms and conditions. The right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at the express request before the customer has exercised his right of withdrawal.
(2) In the event of an effective cancellation, the mutually received benefits are to be returned. If the customer cannot return the service received in whole or in part, or can only return it in a deteriorated condition, the customer may have to compensate for the value. In addition, the customer can avoid the obligation to pay compensation by not consuming the item and refraining from doing anything that may impair its value. Items that cannot be parceled will be collected from the customer. The customer has to bear the costs of the return if the price of the items to be returned does not exceed a price of € 75. Otherwise, the return for the customer is free of charge. Obligations to make payments must be met within 30 days.
§ 9 Invalidity Clause
Should individual provisions of the agreement between us and our customer be or become ineffective or contestable, this shall not affect the remaining provisions; the other provisions are to be interpreted taking into account the economic purpose that was pursued with the ineffective or contestable provision.
10 § Notes on Data
(1) The Cold & Dog GmbH collects customer data as part of the processing of contracts. In doing so, it particularly observes the provisions of the Federal Data Protection Act and Telemedia Act. Without the customer's consent, Cold & Dog GmbH Only collect, process or use the customer's inventory and usage data insofar as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia. Then the deletion takes place.
(2) Without the customer's consent, the customer's data will not be used for advertising, market or opinion research purposes.
§ 11 Place of performance, place of jurisdiction, applicable law
(1) The place of performance for all payments is Berlin. In relation to merchants, the exclusive place of jurisdiction is Berlin. In addition, this applies to claims that are asserted against a customer who, after the conclusion of the contract, moves his domicile or habitual abode out of the scope of the ZPO or whose domicile or habitual abode is not known at the time of the judicial assertion of our claims.
(2) The relationship between the customer and Cold & Dog GmbH are exclusively subject to the law of the Federal Republic of Germany; this applies to all contractual, non-contractual and non-contractual